Column
Culture
Justice
Trauma
4 min read

Do victim statements offer up drama or justice?

Recent tragic cases highlight the changing audience for impact statements.

George is a visiting fellow at the London School of Economics and an Anglican priest.

A classical court house with a statue on top of a dome.
The Old Bailey.

It’s a lesser-known irony of ancient history that it was Roman Emperor Tiberius who introduced Justitia to the pantheon of the gods, as the goddess of justice. Ironic in that it was Tiberius’s minion, Pontius Pilate, in remote Judea, who had history’s worst day at the office, administering Roman justice so cack-handedly on an insurgent preacher and miracle-worker from Nazareth that he sparked a chain of events on which a whole new system of (at least western) justice was founded. 

Justitia was the antecedent of Lady Justice, whose statue adorns the dome of London’s central criminal court at the Old Bailey – and many other courts besides. She invariably holds the judicial symbols of weighing scales and a sword. And she is often blindfolded, though not on the Old Bailey, despite such constitutional eminences as the shadow justice secretary Robert Jenrick erroneously claiming she is. 

The blindfold, scales and sword symbolise Lady Justice’s impartiality, the primacy of evidence and the equality of all before the law. We’ve grown accustomed to the rule of law in our democracy being applied blindly and without emotion. Convicted murderers are often described as having acted in cold blood and we expect justice to be served on them in the same manner, coldly. 

It’s in that context that I want to examine one way in which Lady Justice is going a bit wrong these days. It’s not about miscarriage of justice, so much as the dispassion of it. I’m talking about the victim impact statement, introduced in the UK in 1996, which comes between conviction and sentencing. 

It was meant to be an opportunity for victims and their families to tell the court of the impact and effects of the crime committed upon them. And, in that sense, to assist the judge or other sentencing authority to deliver an appropriate degree of punishment. So it is about the impact of the crime on those most directly affected by it. 

That appears no longer to be solely – or even in some instances partly – the case. The victim statement now seems to be an opportunity for the irreparably damaged to sound off at the defendant, to vent their pain and anger and contempt for and at the wretched convict. 

Take John Hunt, the BBC correspondent who lost his wife Carol and two of their three daughters, Hannah and Louise, to a multiple murder (and rape) one day last summer. His victim statement was less about the unimaginable effect these crimes have had on him and his surviving daughter, Amy, than about the divine judgment he would wish to call down on the murderer, Louise’s former partner Kyle Clifford. 

It really served no judicial purpose. It’s impossible to conceive that anything Hunt had to say had the slightest influence over the judge’s intention to pass down whole-life terms on Clifford, which he duly did. Its sole purpose seems to have been to allow Hunt to have his day in court, as it were, and who would wish to deny him that? But that does undermine the explicit purpose of the victim statement. 

Hunt himself conceded as much at the start of his statement when he said of his victim statement:  

“I initially misunderstood its purpose. Do I really need to detail the impact  of having three quarters of my family murdered?”  

He’s right – he didn’t. But he saw it as his “final opportunity” to address his family’s murderer. There followed an excruciating and heart-rending verbal attack on the convicted prisoner, culminating with the prophecy of his despatch to hell on his “dying day”:  

“The screams of Hell, Kyle, I can hear them now. The red carpet will come out for you…” 

I can’t know if Hunt would prefer the death penalty to be available to despatch his family’s killer immediately. One suspects he probably does. I oppose it, one reason being that it can leave no room for penance and redemption. We must surely all agree that Hunt gets a free pass on that rationale, but with no more severe sentence available than that which was passed, again we must ask what the purpose of the victim statement was. 

If it is simply to wish a hellish death on the perpetrator, then again we need to ask what purpose is being served and, indeed, if it’s healthy both for the judicial process and for the victim who delivers the statement. 

The same thought arose at a pre-sentencing hearing of the recent Nottingham murderer, when the son of one of the three victims, James Coates, told the killer:  

“Valdo Calocane, you claim the voices told you to kill these innocent people. Now listen to me, kill yourself.” 

Is that about impact? I don’t think so. I fear it has more to do with theatre in a media age that is insatiable for drama. Part of the purpose of the law is to maintain a distance between those affected emotionally and those who have committed crimes against them. 

Remove that and we reduce not only some of the justice for criminals to mere spectacle, but also in some degree respect for their victims and, indeed, the quality of mercy. 

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Article
Character
Culture
Idolatry
Psychology
6 min read

Jacob Elordi wants more shame, Zadie Smith says it’s useful—what if they’re both wrong?

Shame may be necessary, but only if it can be defeated

Belle is the staff writer at Seen & Unseen and co-host of its Re-enchanting podcast.

Frankstein stares our from his covered face.
Jacob Elordi plays Frankenstein's monster
Netflix.

I’ve been thinking about the nature of shame a lot recently. Both professionally and personally, it’s a topic that is demanding my attention. It’s following me around, insisting that I look it in the eye, shoving and nudging me – taunting and tempting me to finally snap and wrestle it to the ground. I guess that is the very nature of shame, isn’t it? It’s always so stubbornly there.  

I’ve also noticed that it seems to have elbowed its way into cultural conversations; it’s been putting a real PR shift in, seeking rehabilitation in public discourse.  

The actor, Jacob Elordi, was recently interviewed by the Wall Street Journal. Kind of interesting, kind of not. The sliver of it that really caught my attention was when the interviewer asked Jacob,  

‘What’s one lost art that you wish would come back in style?’  

To which Elordi replied,  

‘The art of shame. I wish people could experience shame a little heavier’.  

Gosh.  

It makes sense that this was Jacob’s answer; the interview was conducted to promote Frankenstein, Guillermo Del Toro’s new movie in which Jacob Elordi plays Frankenstein’s monster. So, I get it. He’s been consumed with what components make up a monster, endeavouring to literally turn himself into one. He’s been ruminating on the recipe of evil, and perhaps he’s found one key ingredient – shamelessness. Maybe Jacob, having dwelt on such, has subsequently looked out at the not-so-fictional ‘monsters’ wreaking havoc and has diagnosed the same thing, a distinct lack of shame.  

It's a solid thesis.  

It reminded me of another recent interview, this one with the acclaimed author, Zadie Smith. She said,  

‘Shame gets a bad rap these days. I think it’s quite a useful emotion, corrective on certain kinds of behaviour… I assume people – including myself – are just deeply, deeply flawed. And so, shame is usually quite appropriate on a day-to-day level… shame is a kind of productive thing to create change. I guess I do believe that. I know it’s definitely a Christian emotion, that’s why it’s so out of fashion. But I always thought it quite productive in the gospels, that idea that you assume that you are entirely in sin. I always assume that.’  

I half agree with both Jacob and Zadie. In a way, I’d be a fool not to. Not to mention, proof of their thesis. 

I cannot deny that I am, as Zadie points out, deeply, deeply flawed. There is a crack in everything I do, a fracture in all my best intentions. And yours, too, I’m afraid (but I have a feeling you know that). There is a brokenness to us, a breaking-things-ness. To each and every one of us, ‘hurt’ is both an adjective and a verb – something we feel and something we do. The things I want to do, I never manage. The things I don’t want to do, I seem to manage every day. I am falling short, missing the mark – I am so fallibly human.  

To acknowledge such is not only obvious, nor is it simply ‘useful’, as Zadie suggests. It’s inherently spiritual, it’s paradigmatic. 

Last summer, I hosted an event at which Francis Spufford, one of my most cherished wordsmiths, playfully quipped, ‘I’ve heard original sin (the notion that we are, as Zadie notes ‘entirely in sin’) described as one of the few theological propositions which you can actually confirm with the naked eye’. ‘Sin’, Tyler Staton similarly writes, ‘is simultaneously the most controversial idea in Christianity and the one most universally agreed upon’.  

There’s something deeply wrong with the world. We all know that.  

Which, presumably, is what Jacob Elordi is getting at – he’s observing bad people not feeling bad enough about the bad that they do, or worse still, the bad that they are. A healthy dose of shame is the medicine that this world needs, he suggests. 

Oh Jacob, I sympathise with that. The thing is, I have a hunch that the presence of shame makes as many monsters as the absence of it.  

And Zadie, I wonder if shame births as much destruction as it does ‘correction’.  

While I agree with you both that, in a world as broken as ours, shame needs to exist in some form or another, it also needs an antidote. It’s a dangerous substance; toxic and destructive. Don’t let it fool you, don’t be over-generous to it – shame may (in its most moderate and appropriate forms) be an acknowledgment of the disease, but it is not the medicine. It could only ever be ‘useful’ if it is, ultimately, defeatable.  

At least, that’s my – admittedly very Christian – conviction. That’s my take. I can’t pretend that it’s not as theological as it is sociological in its underpinnings. 

I’m relatively new to the liturgical aspects of my own faith tradition (that is, the formalised scripts, actions and rituals that have long fuelled religious experience) , so I have the pleasure of not being numb to them. When I read the ancient words of ancient prayers, they shoot right through me, particularly these ones:  

‘Almighty God, our heavenly Father, we have sinned against you and against our neighbour in thought and word and deed, through negligence, through weakness, through our own deliberate fault...’ 

Ouch.  

As I read those words, week in and week out, my brain creates a helpful montage for me – whirring through the countless ways in which I have failed – in what I think, what I say, what I do. I’m confronted with the ways that my breaking-things-ness has leaked out of me through my negligence, it’s spilled out of my weakness, the force of it directed at others through my own deliberate fault.  

Oh yes, I’m well acquainted with the emotion of shame.  

But the only thing productive/appropriate/corrective about falling on my face in shame, is that there is a mercy that can scoop me up. It’s not hopeless, you see? There’s a mend-ability. There’s an antidote to shame; there’s a balm for its burn. There’s a bewildering love that banishes shame from within me – there’s a rescue route from its toxic spiral.  

The moment that shame is acknowledged, its presence verbalised, its power felt – is the very moment it needs to be neutralised. It cannot fester, it cannot be afforded the loudest, nor the last, say.  

And so, to Jacob Elordi’s interesting wish – that ‘people could experience shame a little heavier’, and to Zadie Smith’s fascinating thesis that ‘shame is a kind of productive thing to create change’- I hear you. I see what you’re getting at. But I can only ever wish people to experience the heaviness of shame if it means that they are more sensitive to the feeling of it being undeservedly lifted off them. That’s where change happens. That’s the medicine.  

So, Jacob and Zadie, let’s agree to half-agree on this one, shall we?  

Support Seen & Unseen

Since Spring 2023, our readers have enjoyed over 1,500 articles. All for free. 
This is made possible through the generosity of our amazing community of supporters.

If you enjoy Seen & Unseen, would you consider making a gift towards our work?

Do so by joining Behind The Seen. Alongside other benefits, you’ll receive an extra fortnightly email from me sharing my reading and reflections on the ideas that are shaping our times.

Graham Tomlin
Editor-in-Chief